The Influence Of Postmodernism Thoughts In Jurisprudence

From the 1960s, a social and cultural thought that has momentous influence have appeared in the western academic fields, which reflected in literature, art, languages, history, philosophy and many other areas, forming a theory that incompatible with modern rational tradition. Postmodernism thoughts have had a very profound effect on politics, law, academic fashion and social movement of the contemporary capitalism society.The growing of postmodernism has its cause of social realities and philosophical origins. Its basic features are anti-essentialism, anti-fundamentalism, anti-rationalism and anti-subjectism, admiration of language and pluralism.The interdisciplinary research of postmodern philosophy and law discipline, coupled with the self-development of law, had given rise of postmodern jurisprudence.The contemporary views have divided postmodern jurisprudence into three school-trends, the race-critical theory, the feminist jurisprudence, the law and literature. Postmodernism thoughts have both deconstructive and constructive influence to modern jurisprudence. Deconstructive influence include: rational individuals as subjects of law does not exist; the law does not have objectivity; legal language is not a reflection of authenticity; legal certainty is relative; the universality of law is an unreal"grand narrative"; progress of law is not inevitability. Constructive influence include: advocating law of multiple perspective and ecologic law.The research of postmodern jurisprudence theory which have thrive development in western society cannot be ignored. Only by understanding the theory of postmodern jurisprudence, can we absorb the positive factors and avoid the negative factors. We should transform the massive intellectual resources to the positive force of China's current legal construction and join hands on the more reasonable way of rule of law in China.